Patna High Court
Gopal SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court disposed of the writ petition, directing the petitioner to seek relief from the Mineral Development Officer and noting that appropriate notice and fine may be required for release of the vehicle.
Summary
The petitioner Gopal Singh challenged the seizure of his tractor and trailer by police and the Mines & Geology Department, alleging that no notice or due process was followed. He sought a writ of certiorari to quash the seizure, a writ of mandamus for immediate release, and an independent enquiry into the officials' conduct. The court allowed the petitioner to implead the Mineral Development Officer as an additional respondent and directed the petitioner to approach that officer for redress. It observed that if a proper notice has not yet been issued, the officer should issue one, and the petitioner may deposit any prescribed fine for release of the vehicle. The writ petition was thereafter disposed with these observations, without granting the reliefs sought.
Issues considered
- Whether the seizure of the petitioner's tractor and trailer without notice violates due process and is liable to be quashed.
- Whether a writ of mandamus can be issued directing the immediate release of the seized vehicle.
- Whether an independent enquiry into the actions of the police and Mines & Geology officials is warranted.
- Whether the Mineral Development Officer can be impleaded as a respondent for redress.
Subjects
- illegal seizure
- due process
- writ of certiorari
- writ of mandamus
- independent enquiry
- police authority
- mines department
- implementation of notice
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3359 of 2026
======================================================
Gopal Singh Son of Late Arvind Singh, Resident of Village- Kulna, Police
Station- Akbarpur, District- Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Director, Mines and Geology Department, Government of Bihar, Patna.
3. The District Magistrate, Nawada, Bihar.
4. The Superintendent of Police, Nawada, Bihar.
5. The Mines Inspector, Mines and Geology Department, Nawada, Bihar.
6. The SHO, Thali Police Station, Nawada, Bihar.
7. The Mineral Development Officer, Nawada
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the State : Mr. Government Pleader (12)
: Mr. Pranoy Kumar, AC to GP-12
For the Mines Dept. : Mr. Naresh Dikshit, Spl. PP Mines
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 30-04-2026 Learned counsel for the petitioner prays for and is
allowed to implead the Mineral Development Officer, Nawada
as respondent no.7 in course of the day.
2. Heard Mr. Deepak Kumar, learned counsel for the
petitioner and Mr. Naresh Dikshit, learned Spl. PP Mines
Department beside learned State counsel.
3. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuing a writ of Certiorari or any
other appropriate writ quashing the illegal
Patna High Court CWJC No.3359 of 2026(2) dt.30-04-2026
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seizure of the tractor of the petitioner bearing
Registration No.-BR27G-7866 and trailer
having Reg. No.- BR27G-4546 which has been
illegally seized on 27.01.2026 by the respondent
and no documents regarding aforesaid seizure
has been provided.
(ii) for issuance of a writ of
Mandamus directing the immediate release of
the seized vehicle which was seized without
following due process of law.
(iii) for directing an independent
enquiry of the illegal and coercive actions of
police officials of Thali police station, Nawada
as well as officials of Mines & Geology
Department, Nawada.
(iv) for grant of any relief/s as
petitioner may be found entitled in the facts and
circumstances of the present case.”
4. It is the case of the petitioner that despite the
seizure of the aforesaid Truck, even the notice has not been
issued so that he could submit show cause and take steps for the
release of the vehicle.
Patna High Court CWJC No.3359 of 2026(2) dt.30-04-2026
3/3
5. Learned Spl. PP Mines submits that he should
appear before the concerned respondent no.7, the Mineral
Development Officer, Nawada for the redressal of the grievance.
6. Learned counsel for the petitioner submits that he
undertakes to appear before the concerned respondent in next
four weeks.
7. If the petitioner approachs the concerned
respondent, proper notice shall be handed over to him (if still
has not been issued) so that he could reply to it and if needed,
can also deposit the fine amount for the release of the vehicle.
8. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
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